Imamuddin vs State Of U.P.
2019 Latest Caselaw 1090 ALL

Citation : 2019 Latest Caselaw 1090 ALL
Judgement Date : 13 March, 2019

Allahabad High Court

Imamuddin vs State Of U.P. on 13 March, 2019

Bench: Bachchoo Lal




HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 68
 

 
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 10844 of 2019
 

 
Applicant :- Imamuddin
 
Opposite Party :- State Of U.P.
 
Counsel for Applicant :- Mohd. Samiuzzaman Khan
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Bachchoo Lal,J.

Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.

Learned counsel for the applicant submits that the FIR of the alleged incident was lodged against 24 named persons and 150-200 unknown making general allegation of assault upon passerby and police personnel. There is general allegation against the applicant. No specific role has been assigned to the applicant. It has further been submitted that the applicant is innocent and has falsely been implicated in the present case. The co-accused Shamsher Ali and Izhar Ali having identical role have already been released on bail by another bench of this court vide orders dated 7.2.2019 and 8.2.2019 respectively, therefore, the applicant is also entitled for bail on the ground of parity.The applicant has no criminal history and is in jail since 18.2.2019.

Per contra; learned A.G.A. has opposed the prayer for bail but could not dispute the aforesaid fact that co-accused Shamsher Ali and Izhar Ali having identical role have already been released on bail.

Considering the facts and circumstances of the case and without expressing any opinion on the merits of the case, I find it a fit case for bail.

Let the applicant Imamuddin involved in Case Crime No. 708 of 2018, under section 147, 148, 149, 307, 427, 323, 504, 506, 452, 436, 353, 332 IPC and Section 7 Criminal Law Amendment Act and Section 3/4 Prevention of Public Property Act, P.S. Gulariha, District Gorakhpur be released on bail on his furnishing a personal bond with two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:

1. The applicant will not tamper with the evidence.

2. He shall not pressurize/intimidate the prosecution witnesses and shall cooperate with the trial.

3. He shall appear on each and every date fixed by the trial court unless personal appearance is exempted by the court concerned.

In case of breach of any conditions mentioned above, the trial court shall be at liberty to cancel the bail of the applicant.

Order Date :- 13.3.2019

Masarrat